Court Papers Stating No Reason for Termination Are Defective

Landlord sued to evict ETPA tenant. Tenant asked the court to dismiss the case, claiming that she was rent controlled, not rent stabilized. Tenant claimed that she moved into the apartment on June 1, 1966, not 1986 as landlord claimed. Tenant presented a DHCR Order Determining Facts or Fixing Maximum Rent dated June 1, 1966, listing her as a rent-controlled tenant. She also pointed out that landlord never filed a Report of Statutory Decontrol due to any vacancy after that. Landlord claimed that tenant moved into the apartment under a rent-stabilized lease in 1986, and that her current renewal lease expired in 2018. But landlord didn't state any reason permitted under the ETPA for termination of a rent-stabilized tenancy. Based on the various fundamental misstatements and omissions in landlord's court papers, the case was dismissed. 

Dwyer v. Wimbush: 62 Misc.3d 1213(A), 2019 NY Slip Op 50124(U) (City Ct. Mt. Vernon; 1/29/19; Armstrong, J)